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Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: I move amendment No. 25: In page 56, between lines 12 and 13, to insert the following new paragraph: "(h) requirements to avoid accidental obstruction of railway infrastructure by road vehicles by establishing- (i) criteria for the apportionment of responsibility and cost of improvements to be made at locations where roads meet, cross or run close to railways, (ii) guidelines on enhanced risk...

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: We might find ourselves dealing with level crossings in a different section of the Bill — possibly section 128. If a car, lorry or tractor broke down on a level crossing and an accident occurred, would the railway safety commission have the power to decide which party was responsible for it? It could be a case of a barrier or a signal not working or a gate being improperly opened or closed....

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: I move amendment No. 28: In page 63, between lines 33 and 34, to insert the following new subsection: "(7) A railway undertaking shall not use commercial considerations as a cause for not complying with section 36.". This minor amendment is self-explanatory. We have already dealt with section 36 and I hope the Minister of State will be able to accept this amendment.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: As the Minister of State has stated, we cannot have a situation where commercial interests override the safety issue. If the Minister of State believes my amendment is covered in the sections to which he refers I am prepared to withdraw the amendment. The amendment is technical and a minor adjustment and the Minister of State could accept the amendment without interfering with the Bill.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: This section deals with testing for drugs. Does this cover breath testing train drivers? I am sure the section covers testing for drink and drugs. I welcomed this section on Second Stage as we have seen the drug scene grow throughout the country.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: I welcome the amendment. With regard to the old borrowing limit, did CIE always borrow to the limit? Was it in excess of its borrowing limit or was the limit ever reached?

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: That is a typical civil servant's answer.

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: On the section, I am not happy that my amendment was ruled out of order because of its financial implications and I will consider resubmitting it on Report Stage. The Minister of State might also consider the matter in the meantime. I made a point on Second Stage about unmanned level crossings, of which there are quite a number in my own county around Claremorris and Castlebar where a...

Seanad: Railway Safety Bill 2001: Committee Stage. (16 Nov 2005)

Paddy Burke: The Minister of State proposes to insert a new section for, I have no doubt, very good reasons. However, this area will open up the issue of control between local authorities and Iarnród Éireann. For a long time local authorities and Iarnród Éireann have been slow to co-operate. The buck has been passed back and forth from one to the other. This situation has bedevilled railway works,...

Seanad: Hospital Services. (16 Nov 2005)

Paddy Burke: is that agreed? Agreed.

Seanad: Departmental Properties. (16 Nov 2005)

Paddy Burke: Is that agreed? Agreed.

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: I move amendment No. 3: In page 26, between lines 14 and 15, to insert the following: "(3) The Minister shall supply to one or both Houses of the Oireachtas such information regarding the performance of the Commission's functions as may from time to time be required by a Member of either House.". I am disappointed the Minister of State has not agreed to this amendment. It would make the new...

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: This resembles a legal battle whereby one can have one group of lawyers saying one thing while another group says the opposite. Time after time however, as far as the Health Service Executive and the National Roads Authority are concerned, we have seen how Members of either House table questions or move Adjournment matter, only to have their questions or motions ruled out of order on the...

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: In light of the Minister of State's words, I withdraw the amendment.

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: I move amendment No. 5: In page 44, between lines 46 and 47, to insert the following: "(3) Where a member of staff of a railway undertaking furnishes relevant information to the Commission or an inspector- (a) following a railway incident, (b) which, in the opinion of the person, may lead to a railway incident, the person shall not be subject to disciplinary or any other action by the railway...

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: I move amendment No. 6: In page 55, between lines 38 and 39, to insert the following: "(b) requirements for the maintenance and inspection of railway infrastructure, rail track, permanent way and rolling stock, (c) the maximum carrying capacity for both passenger and freight trains, (d) the maximum hours of work and the minimum hours of rest for safety critical staff,". This amendment deals...

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: I move amendment No. 7: In page 56, between lines 12 and 13, to insert the following: "(h) requirements to avoid accidental obstruction of railway infrastructure by road vehicles by establishing— (i) criteria for the apportionment of responsibility and cost of improvements to be made at locations where roads meet, cross or run close to railways, (ii) guidelines on enhanced risk assessments...

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: In view of the guidelines which the Minister of State has said he will forward to us, I will withdraw the amendment.

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: I move amendment No. 8: In page 63, between lines 28 and 29, to insert the following: "(7) A railway undertaking shall not use commercial considerations as a cause for not complying with section 36.". The Minister of State should take this amendment on board, particularly in light of the fact that the entire infrastructure of the railway could be opened up for commercial purposes. We have...

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Paddy Burke: I thank the Minister of State for introducing those amendments, particularly amendment No. 13. We discussed the new subsection that was introduced to the legislation on Committee Stage. Over the years, much buck passing took place between local authorities and Iarnród Éireann and there were areas of responsibility regarding which nobody would make up his or her mind. If a local authority...

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